KANTIBHAI RAMJIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) HEARD Ld. Advocate Mr. Prajapati for the petitioner and Ld. APP Ms. Jhaveri for the respondent State.

(2.) THE petitioner is original accused facing charges under sections 420, 406 and 409 of the Indian Penal Code [IPC] with other accused pursuant to the complaint filed at C.R. No. I - 131/2001 registered with Bayad Police Station on 8/12/2001.

(3.) THE allegation in the FIR is to the effect that while working as a Deputy Mamlatdar [Supply] at Bayad, the petitioner has committed the offences of misappropriation and cheating in conspiracy with other accused by debiting the amount in the false names of daily wagers and by not allotting the goods to the workers who were working in a scarcity project and debiting such material in the office record as if it is supplied to such workers. During investigation it was found that there are several irregularities in the stock and the registers which were required to be maintained in the office. After investigation, the police has filed charge -sheet on 29/7/2002 and thereupon the petitioner has filed an application at exh. 32 in Criminal Case No. 521/2003 before the Judicial Magistrate First Class, Modasa, camp at Bayad under section 227 of the Code of Criminal Procedure [Cr. P.C.] to discharge him from the offences for which he was charge -sheeted. The sum and substance of such application is to the effect that the statements recorded by the police are illegal, that there was no intention of the petitioner to get any disadvantage while maintaining the stock and store and that he has never misappropriated any material or amount and that he has never committed criminal breach of trust as alleged and that sanction under section 197 has not been obtained by the investigating agency before filing the charge -sheet. It is also contended that there is no evidence against him so as to convict him. However, by judgment and order dated 22/11/2004, the Magistrate has dismissed the application requesting to discharge the petitioner and, therefore, the petitioner has filed Criminal Revision Application No. 83/2004 before the Sessions Court challenging such order. Such Revision Application is also dismissed by the impugned judgment and order dated 29/6/2005 by the Addl. Sessions Judge, Modasa.